Official Code of Georgia Annotated

Title 9. CIVIL PRACTICE · Chapter 14. HABEAS CORPUS · Article 1. GENERAL PROVISIONS

9-14-5. When writ granted.

Active

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

When upon examination of the petition for a writ of habeas corpus it appears to the judge that the restraint of liberty is illegal, he shall grant the writ, requiring the person restraining the liberty of another or illegally detaining such person in his custody to bring the person before him at a time and place to be specified in the writ for the purpose of an examination into the cause of the detention.

The notes below are printed with the section but are not enacted law (O.C.G.A. § 1-1-1(c)). They are shown apart from the text.

History

Orig. Code 1863, § 3912; Code 1868, § 3936; Code 1873, § 4012; Code 1882, § 4012; Penal Code 1895, § 1213; Penal Code 1910, § 1294; Code 1933, § 50-104.

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Current through: Including Acts of the 2025 Regular Session of the General Assembly.

Text read from T09 Ch12-16 (V7A) 2015.pdf, Volume V7A, 2015 edition, page 324; merge action: carried; file SHA-256 c88496cf9e57.